Who Is It For?

Landlord/ tenant Flashcards Preview

Term of years tenancy

fixed term tenancy •Lasts for a fixed period of time

2

Periodic tenancy

• For a period of time that automatically continues unless on party notifies they want to severe• Month to month, Week to week• Notice to terminate must be given before the start of the new month you want to leave

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o Tenancy at will

• Leasehold that may be terminated at anytime by either landlord or tenant• Notice is not required • Bilateral • Garner v. Gerrish • A lease, which grants the lessee, the right to terminate the tenancy does not grant the same right to the lessor unless expressly stated in the document.• Created a personal right to the named lessee to terminate at a date of his choice, - life tenancy terminable at the will of the tenant.

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o Tenancy at sufferance

• Quasi lease hold • Occurs while tenant is holding over, before a new leasehold hs been acquired• Only concerned by the actions of the tenant • 3 options when hold over Eviction Summary proceeding Passive landlordsRe-let Takes the holdover as indication that tenant wants to stay as a tenant

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Delivery of possession (Hannah case)

• Hannah v. Dusch: If T2 comes and T1 one is still there American law recognizes lessee’s legal right to possession, but implies no duty upon lessor against wrong dower

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• Transfers

o Leases can be freely transferred if the lease is silent on the topico If the leases states landlord needs to approve transfer• Landlord can only deny for commercial reasons

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o Assignment

• Complete transfer• LL relationship to T- •Still in privity of K •Not in privity of estate •LL and T1 not in privity of K •But are in privity of estate •Can collect from T or T1

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o Sub-lease

•Transfer of less then the entire •Who can the LL recover from? Tenant or transferee? •L and T have privity of K •L and T have privity of estate o T has reversion of sub-tenant, still has interest in property •L and T1 do not have Privity of K or privity of estate •T1 and T have privity of K and estate

9

• Implied warranty of habitability

• Can use this as a defense o Hilder v. St. Peter – When L breaches implied warranty of H, T can (1) w/hold rent, (2) repair defects and deduct from rent, (3) seek rent already paid, and (4) seek punitive dmgs.• L will deliver over & maintain premises that are safe, clean and fit for human habitxn.• Warranty covers all latent or patent defects to “essential facilities” vital to the use of the premises for residential purp.• Implied Warranty cannot be waived w/ knowledge/provision• T must show (1) notice to L w/ R-time to repair, (2) defect affected T @ time of his tenancy

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• Implied covenant of quiet enjoyment

• Wrongful eviction would disrupt this • Also speaks to safety and health standardo Village Commons v. Marion Cty. Prosecutor’s Office – T not req to pay rent if L has “constructively evicted” (CE) the T. Water leaks in building, restrict use of certain parts. • CE – an interference w/ pssxn that deprives T of the beneficial enjoymt of leased premise. Cannot use office bc of leaks. • Actual E – T is deprived of mat. part of leased premises. L tells T to refrain from using a portion • REMEDY: Constructive evictiono Its as if the LL has evicted me o Has to stop paying rent first and give LL reasonable amount of time to fix problem

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• Ernst v. Conditt

If Assmt (A), then T1 resp. for rent; if Sub, then T still resp. • CL – entire term of lease = assignment• TN law – intent of parties; T gave all interests to T1, creating privity of Eo Privity of E may only exist w/ one To Privity of K may exist w/ multiple T’s